IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT APPEAL NO.2810 OF 2019 (GM-KIADB) BETWEEN:
M/S. ADVAY ENTERPRISES A PROPRIETARY CONCERN NO.1629, 17TH “B” MAIN 3RD “A” CROSS, J.P. NAGAR II PHASE BENGALURU – 560 078 REP. BY ITS PROPRIETRIX SMT. VAISHALI G.R ... APPELLANT (BY SRI K.SHASHI KIRAN SHETTY, SENIOR COUSNEL FOR SMT. LATHA S.SHETTY ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES AND CHAIRMAN KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD VIDHANA SOUDHA BENGALURU – 560 001 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4TH AND 5TH FLOORS, EAST WING KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER 3. THE JOINT DIRECTOR AND MEMBER SECRETARY DEPT. OF COMMERCE & INDUSTRIES DISTRICT INDUSTRIAL CENTRE BENGALURU RURAL DISTRICT DISTRICT LEVEL SINGLE WINDOW CLEARANCE COMMITTEE ROOM NO.203, DISTRICT ADMINISTRATIVE BHAVAN BEERASANDRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK – 562 110 BENGALURU RURAL DISTRICT 4. KARNATAKA UDYOGA MITRA NO.49, EAST WING KHANIJA BHAVAN, 3RD FLOOR RACE COURSE ROAD BENGALURU – 560 001 REPRESENTED BY ITS MANAGING DIRECTOR 5. JDV INFRAONE PVT. LTD. Deleted vide Court Order NO.105, 1ST FLOOR dated 21.08.2019 EMBASSY SQUARE INFANTRY ROAD BENGALURU-560 001 REPRESENTED BY ITS MANAGING DIRECTOR C.JAYADEVA NAIDU ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP FOR R1 & R3; SRI B.B. PATIL, ADVOCATE FOR R2 & R4;
VIDE ORDER DATED 21.08.2019, R5 IS DELETED) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 01.07.2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NOs.6627/2019 AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned senior counsel appearing for the appellant, the learned High Court Government Pleader appearing for the first and third respondents and the learned counsel appearing for the second and fourth respondents. The name of the fifth respondent has been deleted.
2. The challenge in this appeal is to the order dated 1st July 2019 passed by the learned Single Judge by which the writ petition in WP.No.6627/2019 filed by the present appellant was rejected by the learned Single Judge. In the impugned judgment and order, it is noted that the appellant had applied for allotment of land of an area of 2 acres in survey No.34/1 of Udayagiri, Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District.
3. It is pointed out that the District Level Single Window Clearance Committee approved the proposal of the appellant subject to the availability of the lands. A recommendation was made for the allotment of the lands to the fifth respondent by the State Level Committee. It is noted in the paragraph-5 of the impugned judgment and order that the second respondent pointed out that an area of 4 acres 28 guntas of land in survey Nos.34/1, 34/2, 46/1, 46/2 and 46/3 was available for allotment. The recommendation in favour of the fifth respondent was for allotment of the area of 2.5 acres out of the land in the aforesaid survey numbers. The learned Single Judge rejected the petition by observing that the State Level Single Window Clearance Committee has taken a decision to allot the land to the fifth respondent.
4. An affidavit has been filed by the appellant on 16th November 2019. The affidavit refers to a memo filed by the second and fourth respondents. The memo records that an area of 1 acre 35 guntas is available for allotment in survey Nos.34/1, 34/2 part and 46/1 part. In the affidavit, the appellant has given an undertaking on oath that he will not claim any other land, if the aforesaid area of 1 acre 38 guntas is allotted to him.
5. In view of the undertaking given by the appellant, the recommendation made by the District Level Single Window Clearance Committee and the fact that the appellant is not claiming any part of the land which is already allotted to the fifth respondent, by modifying the impugned order, a direction will have to be issued to the second and fourth respondents to take steps on the basis of the recommendation of the District Level Single Window Clearance Committee.
6. As by the grant of the said area of 1 acre 38 guntas to the appellant, the allotment made to the fifth respondent will remain unaffected, the impugned order will have to be modified to that extent. Accordingly, we dispose of the appeal by passing the following order:
i) We direct the second and fourth respondents to allot to the appellant a land measuring 1 acre 38 guntas which is available in survey Nos.34/1, 34/2 part and 46/1 part of Udayagiri, Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District, in accordance with law;
ii) The second and fourth respondents shall call upon the appellant to make requisite compliances by sending a requisition within a period of two weeks from today;
iii) After necessary compliances are made by the appellant, the second and fourth respondents to complete the allotment of land to the appellant by executing necessary documents and the appellant shall be placed in possession within a period of two months from the date on which the necessary compliances are made by the appellant;
iv) We make it clear that no part of the land which is allotted to the fifth respondent shall be allotted to the appellant;
v) The impugned judgment and order dated 1st July 2019 stands modified.
vi) The pending interlocutory application does not survive for consideration and the same is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB